Sexual Offences Act 2003.pdf

Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Docu...

Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Sexual Offences Act 2003 2003 CHAPTER 42 An Act to make new provision about sexual offences, their prevention and the protection of children from harm from other sexual acts, and for connected purposes. [20th November 2003] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 SEXUAL OFFENCES Rape 1 Rape (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 2 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Assault 2 Assault by penetration (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 3 Sexual assault (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B does not consent to the touching, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. Causing sexual activity without consent 4 Causing a person to engage in sexual activity without consent (1) A person (A) commits an offence if— (a) he intentionally causes another person (B) to engage in an activity, (b) the activity is sexual, (c) B does not consent to engaging in the activity, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 3 (4) A person guilty of an offence under this section, if the activity caused involved— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. (5) Unless subsection (4) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. Rape and other offences against children under 13 5 Rape of a child under 13 (1) A person commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, and (b) the other person is under 13. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 6 Assault of a child under 13 by penetration (1) A person commits an offence if— (a) he intentionally penetrates the vagina or anus of another person with a part of his body or anything else, (b) the penetration is sexual, and (c) the other person is under 13. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 7 Sexual assault of a child under 13 (1) A person commits an offence if— (a) he intentionally touches another person, (b) the touching is sexual, and (c) the other person is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 4 8 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Causing or inciting a child under 13 to engage in sexual activity (1) A person commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, (b) the activity is sexual, and (c) B is under 13. (2) A person guilty of an offence under this section, if the activity caused or incited involved— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for life. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. Child sex offences 9 Sexual activity with a child (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section, if the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 10 5 Causing or inciting a child to engage in sexual activity (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, (b) the activity is sexual, and (c) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section, if the activity caused or incited involved— (a) penetration of B’s anus or vagina, (b) penetration of B’s mouth with a person’s penis, (c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or (d) penetration of a person’s mouth with B’s penis, is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (3) Unless subsection (2) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years. 11 Engaging in sexual activity in the presence of a child (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and (d) either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 12 Causing a child to watch a sexual act (1) A person aged 18 or over (A) commits an offence if— 6 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) (b) (c) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, the activity is sexual, and either— (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years. 13 Child sex offences committed by children or young persons (1) A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. 14 Arranging or facilitating commission of a child sex offence (1) A person commits an offence if— (a) he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and (b) doing it will involve the commission of an offence under any of sections [F15] to 13. (2) A person does not commit an offence under this section if— (a) he arranges or facilitates something that he believes another person will do, but that he does not intend to do or intend another person to do, and (b) any offence within subsection (1)(b) would be an offence against a child for whose protection he acts. (3) For the purposes of subsection (2), a person acts for the protection of a child if he acts for the purpose of— (a) protecting the child from sexually transmitted infection, (b) protecting the physical safety of the child, (c) preventing the child from becoming pregnant, or (d) promoting the child’s emotional well-being by the giving of advice, and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child’s participation in it. Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 7 (4) A person guilty of an offence under this section is liable [F2to the penalty to which the person would be liable on conviction of the offence within subsection (1)(b)]. Textual Amendments F1 F2 15 Word in s. 14(1)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 46(2), 208(1); S.I. 2022/520, reg. 5(d) Words in s. 14(4) substituted for s. 14(4)(a)(b) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 46(3), 208(1); S.I. 2022/520, reg. 5(d) Meeting a child following sexual grooming etc. [F3(1) A person aged 18 or over (A) commits an offence if— [F4(a) A has met or communicated with another person (B) [F5on one or more occasions] and subsequently— (i) A intentionally meets B, (ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or (iii) B travels with the intention of meeting A in any part of the world, (b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,] (c) B is under 16, and (d) A does not reasonably believe that B is 16 or over. (2) In subsection (1)— (a) the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world; (b) “relevant offence” means— (i) an offence under this Part, (ii) F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) anything done outside England and Wales F7. . . which is not an offence within sub-paragraph (i) F7. . . but would be an offence within sub-paragraph (i) if done in England and Wales. (3) F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.] Textual Amendments F3 S. 15 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(a), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 8 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F4 S. 15(1)(a)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(7), Sch. 15 para. 1; S.I. 2008/1586, art. 2, Sch. 1 para. 35 (subject to Sch. 2) Words in s. 15(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 36(1), 95(1) (with s. 36(2)); S.I. 2015/778, art. 3, Sch. 1 para. 30 S. 15(2)(b)(ii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(2); S.I. 2008/510, art. 2 Words in s. 15(2)(b)(iii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(3); S.I. 2008/510, art. 2 S. 15(3) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(4); S.I. 2008/510, art. 2 F5 F6 F7 F8 [F915A Sexual communication with a child (1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B), (b) the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and (c) B is under 16 and A does not reasonably believe that B is 16 or over. (2) For the purposes of this section, a communication is sexual if— (a) any part of it relates to sexual activity, or (b) a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual; and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding [F10the general limit in a magistrates’ court] or a fine or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.] Textual Amendments F9 F10 S. 15A inserted (E.W.) (3.4.2017) by Serious Crime Act 2015 (c. 9), ss. 67, 88(1) (with s. 86(14)(15)); S.I. 2017/451, reg. 2 Words in s. 15A(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 Abuse of position of trust 16 Abuse of position of trust: sexual activity with a child [F11(1) A person aged 18 or over (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (c) (d) (e) 9 A is in a position of trust in relation to B, where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F11 17 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 Abuse of position of trust: causing or inciting a child to engage in sexual activity [F12(1) A person aged 18 or over (A) commits an offence if— (a) he intentionally causes or incites another person (B) to engage in an activity, (b) the activity is sexual, (c) A is in a position of trust in relation to B, (d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (e) either— 10 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F12 18 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 Abuse of position of trust: sexual activity in the presence of a child [F13(1) A person aged 18 or over (A) commits an offence if— (a) he intentionally engages in an activity, (b) the activity is sexual, (c) for the purpose of obtaining sexual gratification, he engages in it— (i) when another person (B) is present or is in a place from which A can be observed, and (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, (d) A is in a position of trust in relation to B, (e) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (f) either— Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 11 (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F13 19 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 Abuse of position of trust: causing a child to watch a sexual act [F14(1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, (c) A is in a position of trust in relation to B, (d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— 12 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) (b) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.] Textual Amendments F14 20 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 Abuse of position of trust: acts done in Scotland [F15Anything which, if done in England and Wales F16. . . , would constitute an offence under any of sections 16 to 19 also constitutes that offence if done in Scotland [F17or Northern Ireland].] Textual Amendments F15 F16 F17 21 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 Words in s. 20 omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 5(2); S.R. 2008/510, art. 2 Words in s. 20 inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 5(3); S.R. 2008/510, art. 2 Positions of trust [F18(1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if— Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) (b) 13 any of the following subsections applies, or any condition specified in an order made by the Secretary of State is met. (2) This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution. (3) This subsection applies if A looks after persons under 18 who are resident in a home or other place in which— (a) accommodation and maintenance are provided by an authority [F19in accordance with section 22C(6)] of the Children Act 1989 (c. 41) [F20or section 81(6) of the Social Services and Well-being (Wales) Act 2014]F21..., or (b) accommodation is provided by a voluntary organisation under section 59(1) of [F22the Children Act 1989]F23..., and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place. (4) This subsection applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions— (a) a hospital, (b) [F24in Wales,] an independent clinic, (c) a care home, F25... (d) a community home, voluntary home or children’s home, [F26or] (e) a home provided under section 82(5) of the Children Act 1989, F27... F28 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 [ (g) a place in Wales at which a care home service is provided,] [F30(h) premises in Wales at which a secure accommodation service is provided,] and B is accommodated and cared for in that institution. (5) This subsection applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution. F31 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under— (a) sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or [F32(b) section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,] and, in that capacity, looks after B on an individual basis. (8) This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)— (a) in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41) [F33or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014], F34... F34 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 F35... on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means). 14 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (10) This subsection applies if A is a personal adviser appointed for B under— (a) section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, F36 ... [F37or] [F38(aa) section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act,] F36 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and, in that capacity, looks after B on an individual basis. (11) This subsection applies if— (a) B is subject to a care order, a supervision order or an education supervision order, and (b) in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis. (12) This subsection applies if A— (a) is an officer of the Service [F39or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004)] appointed for B under section 41(1) of the Children Act 1989, (b) is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), F40... (c) is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) F41..., [F42or] F43 [ (d) is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),] and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means). (13) This subsection applies if— (a) B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and (b) A looks after B on an individual basis in pursuance of the requirements.] Textual Amendments F18 F19 F20 F21 F22 F23 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 Words in s. 21(3)(a) substituted (E.W.) (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44(4), Sch. 1 para. 15; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b) Words in s. 21(3)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(a) Words in s. 21(3)(a) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(a); S.R. 2008/510, art. 2 Words in s. 21(3)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(b) Words in s. 21(3)(b) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(b); S.R. 2008/510, art. 2 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F24 F25 F26 F27 F28 F29 F30 F31 F32 F33 F34 F35 F36 F37 F38 F39 F40 F41 F42 F43 22 15 Words in s. 21(4)(b) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(2) Words in s. 21(4)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(a); S.R. 2008/510, art. 2 Word in s. 21(4)(d) inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(b); S.R. 2008/510, art. 2 Word in s. 21(4)(e) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(c); S.R. 2008/510, art. 2 S. 21(4)(f) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(d); S.R. 2008/510, art. 2 S. 21(4)(g) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 21 S. 21(4)(h) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 24 S. 21(6) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(4); S.R. 2008/510, art. 2 S. 21(7)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 169(1), 173(4), Sch. 1 para. 81; S.I. 2008/3077, art. 4(g) Words in s. 21(8)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(c) S. 21(8)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(5); S.R. 2008/510, art. 2 Words in s. 21(9) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(6); S.R. 2008/510, art. 2 S. 21(10)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(7); S.R. 2008/510, art. 2 Word in s. 21(10)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(d) S. 21(10)(aa) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(e) Words in s. 21(12)(a) inserted (E.W.) (1.4.2005) by Children Act 2004 (c. 31), ss. 40, 67, Sch. 3 para. 18; S.I. 2005/700, art. 2(2) Word in s. 21(12)(b) omitted (6.4.2011) by virtue of The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(a) Words in s. 21(12)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(8); S.R. 2008/510, art. 2 Word in s. 21(12)(c) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(b) S. 21(12)(d) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(c) Positions of trust: interpretation [F44(1) The following provisions apply for the purposes of section 21. (2) Subject to subsection (3), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons. (3) A person (A) looks after another person (B) on an individual basis if— (a) A is regularly involved in caring for, training or supervising B, and 16 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means). (4) A person receives education at an educational institution if— (a) he is registered or otherwise enrolled as a pupil or student at the institution, or (b) he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled. (5) In section 21— “authority”— (a) in relation to England and Wales, means a local authority; (b) F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “care home” means an establishment [F46in England] which is a care home for the purposes of the Care Standards Act 2000 (c. 14); [F47“care home service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);] “care order” has— (a) in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41); F48. . . (b) F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “children’s home” has— (a) in relation to England F49..., the meaning given by section 1 of the Care Standards Act 2000; F50. . . (b) F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “community home” has [F51, in relation to England] the meaning given by section 53 of the Children Act 1989; “education supervision order” has— (a) in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; F52. . . (b) F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F53“hospital” means— (a) a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or (b) any other establishment— (i) in England, in which any of the services listed in subsection (6) are provided; and (ii) in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000;] “independent clinic” has— (a) F54. . . the meaning given by section 2 of the Care Standards Act 2000; (b) F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 ................................ F56 ................................ F56 ................................ F57 [ “secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;] “supervision order” has— Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 17 (a) in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41); F58. . . (b) F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “voluntary home” has— (a) in relation to England F59. . . , the meaning given by section 60(3) of the Children Act 1989. F60. . . (b) F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F61(6) The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows— (a) medical treatment under anaesthesia or intravenously administered sedation; (b) dental treatment under general anaesthesia; (c) obstetric services and, in connection with childbirth, medical services; (d) termination of pregnancies; (e) cosmetic surgery, other than— (i) ear and body piercing; (ii) tattooing; (iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or (iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.]] Textual Amendments F44 F45 F46 F47 F48 F49 F50 F51 F52 F53 F54 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 S. 22(5): paragraph (b) of the definition of "authority" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(a); S.R. 2008/510, art. 2 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(a) Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(b) S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "care order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(b); S.R. 2008/510, art. 2 Words in s. 22(5) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(c) S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "children's home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(c); S.R. 2008/510, art. 2 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(d) S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "education supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(d); S.R. 2008/510, art. 2 S. 22(5): definition of "hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(i) S. 22(5): words in definition of "independent clinic" omitted (1.10.2010) by virtue of The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(ii) 18 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes F55 F56 F57 F58 F59 F60 F61 S. 22(5): paragraph (b) of the definition of "independent clinic" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(f); S.R. 2008/510, art. 2 S. 22(5): definitions of "private hospital", "residential care home" and "residential family centre" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(g); S.R. 2008/510, art. 2 Words in s. 22(5) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 25 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(h); S.R. 2008/510, art. 2 Words in s. 22(5) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 22(e) S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "voluntary home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(i); S.R. 2008/510, art. 2 S. 22(6) added (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/81), art. 13(3)(b) [F6222A Further positions of trust (1) For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if— (a) A coaches, teaches, trains, supervises or instructs B, on a regular basis, in a sport or a religion, and (b) A knows that they coach, teach, train, supervise or instruct B, on a regular basis, in that sport or religion. (2) In subsection (1)— “sport” includes— (a) any game in which physical skill is the predominant factor, and (b) any form of physical recreation which is also engaged in for purposes of competition or display; “religion” includes— (a) a religion which involves belief in more than one god, and (b) a religion which does not involve belief in a god. (3) This section does not apply where a person (A) is in a position of trust in relation to another person (B) by virtue of circumstances within section 21. (4) The Secretary of State may by regulations amend subsections (1) and (2) to add or remove an activity in which a person may be coached, taught, trained, supervised or instructed.] Textual Amendments F62 23 S. 22A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 47(2), 208(5)(c) Sections 16 to 19: [F63exception for spouses and civil partners] Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 19 [F64(1) Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if at the time — (a) B is 16 or over, and (b) A and B are lawfully married [F65or civil partners of each other]. (2) In proceedings for such an offence it is for the defendant to prove that A and B [F66were at the time lawfully married or civil partners of each other].] Textual Amendments F63 F64 F65 F66 24 S. 23: words in heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 173(4); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 Words in s. 23(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 173(2); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) Words in s. 23(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 173(3); S.I. 2005/3175, art. 2(1)(2), Sch. 1 (subject to art. 2(3)-(5)) Sections 16 to 19: sexual relationships which pre-date position of trust [F67(1) Conduct by a person (A) which would otherwise be an offence under any of sections 16 to 19 against another person (B) is not an offence under that section if, immediately before the position of trust arose, a sexual relationship existed between A and B. (2) Subsection (1) does not apply if at that time sexual intercourse between A and B would have been unlawful. (3) In proceedings for an offence under any of sections 16 to 19 it is for the defendant to prove that such a relationship existed at that time.] Textual Amendments F67 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 Familial child sex offences 25 Sexual activity with a child family member (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) the relation of A to B is within section 27, (d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or 20 Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (ii) B is under 13. (2) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (3) Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was. (4) A person guilty of an offence under this section, if aged 18 or over at the time of the offence, is liable— (a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years; (b) in any other case— (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years. (5) Unless subsection (4) applies, a person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (6) This subsection applies where the touching involved— (a) penetration of B’s anus or vagina with a part of A’s body or anything else, (b) penetration of B’s mouth with A’s penis, (c) penetration of A’s anus or vagina with a part of B’s body, or (d) penetration of A’s mouth with B’s penis. 26 Inciting a child family member to engage in sexual activity (1) A person (A) commits an offence if— (a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A, (b) the touching is sexual, (c) the relation of A to B is within section 27, (d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that Sexual Offences Act 2003 (c. 42) Part 1 – Sexual Offences Document Generated: 2023-08-11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 11 August 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 21 person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (3) Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was. (4) A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable— (a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years; (b) in an